Dodd and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Ms Dodd against the rejection of her claim for a Disability Support Pension (DSP). The Secretary of the Department of Social Services was the respondent. The Administrative Appeals Tribunal was required to determine whether Ms Dodd's medical conditions met the criteria for a DSP, specifically whether her impairments were fully diagnosed, treated, and stabilised during the qualification period, attracted an impairment rating of at least 20 points, and resulted in a continuing inability to work.

The Tribunal was tasked with assessing Ms Dodd's eligibility for the DSP and deciding the matter afresh. The legal issues revolved around the permanency of Ms Dodd's conditions, the degree of functional impairment they caused, and her capacity to work during the relevant qualification period. The Tribunal considered whether Ms Dodd's physical and psychological impairments, including hypertension, asthma, post-traumatic stress disorder, anxiety, and depression, were fully diagnosed, treated, and stabilised, and whether they were likely to persist for more than two years.

The Tribunal found that Ms Dodd had physical, intellectual, and psychological impairments, satisfying the first criterion for DSP. Regarding the permanency of her conditions, the Tribunal noted that while hypertension was diagnosed and treated, there was insufficient corroborative evidence of its full diagnosis, treatment, and stabilisation during the qualification period. However, the Tribunal was satisfied that Ms Dodd's mental health conditions, including severe mood fluctuation and disturbed sleep, had a severe functional impact on her behaviour, planning, decision-making, and work/training capacity. Medical evidence indicated these conditions were permanent and would affect her capacity to work for more than 24 months. The Tribunal concluded that Ms Dodd's conditions had a severe functional impact on her work/training capacity, aligning with the criteria for a significant impairment.

The Tribunal remitted the decision under review, indicating that Ms Dodd's eligibility for the DSP required further determination based on the established impairments and their impact during the qualification period.